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In Kannan v Newham LBC (2019) EWCA Civ 57, Lewison LJ once again (after Lomax - our note) has considered the effect of the public sector equality duty on a review, this time concerning suitability. Mr Kannan and his household had lived in "temporary"...
Smailes & Poyner-Smailes v Clewer Court Residents Ltd, Cardiff County Court 30 January 2019 (Unreported but copy of judgment is here). Although only a County Court (Circuit Judge) decision, this is an interesting and potentially significant case on the...
Paragon Asra Housing Limited v James Neville [2018] EWCA Civ 1712 An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order. Mr N was...
An appeal of a possession order, on grounds of disability discrimination and public law. Eales v Havering LBC (2018) QBD 13/07/2018 (extempore judgment, note on Lawtel) Ms E had a non-secure contractual tenancy from Havering. Havering had sought possession...
There is an interesting note here on a county court case claiming discrimination under Equality Act 2010 for failure to make physical adjustments to a property. As is generally known, a 'controller of let premises' (section 36) does not have to make...
XC, R (on the application of) v London Borough of Southwark [2017] EWHC 736 (Admin) This was a judicial review of Southwark's allocation policy as it applied to transfers. Specifically, the issue was whether Southwark's policy, in awarding 'priority stars'...
MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 R (on the application of Carmichael and Rourke) (formerly known as MA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) R (on...
H & Ors, R (On the Application Of) v Ealing London Borough Council [2016] EWHC 841 (Admin) Ealing's allocation policy has already had lawfulness problems, compounded by Ealing's unlawful refusal to do anything about that unlawfulness. But this judicial...
Southern Pacific Mortgage Ltd v V [2015] EW Misc B42 (CC) (19 November 2015) This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession proceedings. Ms V had a £96,000 repayment mortgage from...
Hardy, R (on the application of) v Sandwell Metropolitan Borough Council [2015] EWHC 890 Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an...
Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15 When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same 'seriously arguable' summary test as an Article 8 defence, we were...
Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the...